42 U.S.C. § 2210e: Design basis threat…

Summary

The Commission must start a public rulemaking within 90 days after this law is passed. The rulemaking must include public notice and a chance for people to comment, and it must be finished within 18 months after the law is passed. If the Commission already has a rulemaking about design basis threats underway, it must finish that work within 18 months. When writing the rule, the Commission must consider a list of factors. These include the events of September 11, 2001; physical, cyber, biochemical, and other terrorist threats; attacks by multiple coordinated teams or by people who work at the facility; suicide attacks; water- and air-based threats; large explosives and modern weapons; attackers with detailed facility knowledge; long-lasting fires; attacks on shipments of spent fuel; planning to protect public health and safety around nuclear sites; and theft or diversion of nuclear materials.

Title 42, §2210e

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Rulemaking

The Commission shall—

(1)not later than 90 days after the date of enactment of this section, initiate a rulemaking proceeding, including notice and opportunity for public comment, to be completed not later than 18 months after that date, to revise the design basis threats of the Commission; or

(2)not later than 18 months after the date of enactment of this section, complete any ongoing rulemaking to revise the design basis threats.

(b)Factors

When conducting its rulemaking, the Commission shall consider the following, but not be limited to—

(1)the events of September 11, 2001;

(2)an assessment of physical, cyber, biochemical, and other terrorist threats;

(3)the potential for attack on facilities by multiple coordinated teams of a large number of individuals;

(4)the potential for assistance in an attack from several persons employed at the facility;

(5)the potential for suicide attacks;

(6)the potential for water-based and air-based threats;

(7)the potential use of explosive devices of considerable size and other modern weaponry;

(8)the potential for attacks by persons with a sophisticated knowledge of facility operations;

(9)the potential for fires, especially fires of long duration;

(10)the potential for attacks on spent fuel shipments by multiple coordinated teams of a large number of individuals;

(11)the adequacy of planning to protect the public health and safety at and around nuclear facilities, as appropriate, in the event of a terrorist attack against a nuclear facility; and

(12)the potential for theft and diversion of nuclear materials from such facilities.

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 109–58, which was approved August 8, 2005.

§2210e Design Basis Threat Rulemaking

Summary

Title 42, §2210e

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata